Legal Opinion

State v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1884PublishedCited by 2 opinions

Original Proceedings in Mandamus. Action brought in the name of The State of Kansas, on the relation of the attorney general, against The Board of Commissioners of Butler County, and the members of the board, to compel it to examine and act upon a petition presented to the board, and if found sufficient, to call an election to vote upon the relocation of the county seat.

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Original Proceedings in Mandamus. Action brought in the name of The State of Kansas, on the relation of the attorney general, against The Board of Commissioners of Butler County, and the members of the board, to compel it to examine and act upon a petition presented to the board, and if found sufficient, to call an election to vote upon the relocation of the county seat. The case is presented for decision on the following agreed statement of facts: “1. This suit was commenced in this court on the 3d day of May, 1883. “2. There was filed in the office of the county clerk of Butler county, on…

1Opinion of the Court

*463The opinion of the court was delivered by

Hokton, C. J.:

From the agreed statement of facts it appears, among other things, that in 1864 the county seat of Butler county was located at El Dorado by a vote of the electors of that county, and has been continuously there ever since — over nineteen years; that county buildings have been erected at the county seat at a cost to the county of $10,000, without submitting the same to a vote of the electors of Butler county; that on the 10th day of April, 1883, there was presented to the defendants, as the board of county commissioners of that county, a…

2Cases cited1 opinion

  1. Gordon v. State ex rel. BoderSupreme Court of Kansas · 1868

3Cited by2 opinions

  1. State ex rel. Lewis v. EgglestonSupreme Court of Kansas · 1886
  2. In re TillerySupreme Court of Kansas · 1890

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